terms and conditions | Beauty Agenda

TERMS & CONDITIONS

This Site is owned and operated by Beauty Agenda App LTD whose registered office is at 20-22 Wenlock Road, London N1 7GU, United Kingdom, and whose company number in the register maintained by the Companies House is 12407794 and registered VAT number is 369678426 (Beauty Agenda App). These terms and conditions include general terms and conditions for use of this Site and of our App, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.

By using the Service, you are agreeing to these Terms. Please read them carefully.

The Service is available to you if you are 16 years of age or older. If you are 16 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Beauty Agenda App and are not barred under any applicable laws from doing so.

Important liability statement

The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by Beauty Agenda’s experts), is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.

Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.

Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.

Date of last update: 2 March 2021

All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights (further details in respect of which are set out at clause 4.5).

Definitions

In these terms and conditions, the following definitions apply:

“Beauty Agenda” means Beauty Agenda App LTD, whose registered office is at 20-22 Wenlock Road, London N1 7GU, United Kingdom, and whose company number in the register maintained by the Companies House is 12407794 and registered VAT number is 369678426 and 'we', 'us', 'our' shall mean Beauty Agenda;

"App" Beauty Agenda App mobile application that you download on the Apple App Store

"Dispatch Confirmation" the email we send you confirming your order (at which point the contract between us will be formed);

"Materials" defined in clause 2.2;

"Products" means any products offered for sale on the Site;

"Repeat Purchase" means an order for Products whereby you have indicated that the order should be repeated every a 30/60/90 days until you provide us with notice to cancel in accordance with clause 8.2;

“Services” means any information and services ordered and/or provided by Beauty Agenda through or via the Site and App including, without limitation. For the avoidance of doubt, any electronic information supplied to you by Beauty Agenda will constitute part of the "Service" not a Product and cancellation rights will apply accordingly;

“Site” means the web site at the URL www.beautyagenda.app or WAP site or replacement site(s) from time to time;

"Submission" means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.

Use of this Service generally

2.1

You may use the Site and the App for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site and the App for any commercial purpose including for selling any goods or services.

2.2

In order to use the Service, you need to establish an Account. You are solely responsible for the security and confidentiality of your password. You are also responsible for all activities or actions exercised by your Account, and you should immediately notify Beauty Agenda App if you learn of any unauthorized use of your Account.

The intellectual property rights in all materials on the Site and supplied as part of the Products or Services ("Materials") are owned by Beauty Agenda or its third-party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.

2.3

Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that Beauty Agenda deems it necessary or desirable to do so for whatever reason.

2.4

You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Beauty Agenda may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.

2.5

You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.

2.6

You acknowledge that you will not be able to edit or delete any Submission after submission.

2.7

Any user who feels that any Submission made by other users is objectionable is encouraged to contact our Customer Service Team here. We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.

2.8

You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Beauty Agenda or any third party.

2.9

Beauty Agenda accepts no obligation to monitor the use of the Site and the App. However, Beauty Agenda reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Beauty Agenda will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2.10

Beauty Agenda may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

2.11

Don’t misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not: a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; b) attempt to disable or circumvent any security mechanisms used by the Service; c) probe, scan, or test the vulnerability of any system or network; d) breach or otherwise circumvent any security or authentication measures; e) access, tamper with, or use non-public areas of the Service; f) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; g) plant malware or otherwise use the Service to distribute malware; h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behavior intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.

We may provide you with notices regarding the Service, including changes to the Terms, by email, or postings on the Website and/or Service.

2.12

All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.”

You agree that you will not use the Service to upload, transmit, store, or otherwise make available any unlawful Content; engage in any copyright infringement or other intellectual copyright infringement; upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; and/or plan or engage in any illegal activity.

You retain full ownership for the Content you upload or otherwise submit to the Service. Beauty Agenda App does not claim ownership or any intellectual property rights to any of it. We do, however, need certain limited rights in order to operate the Service: you grant Beauty Agenda App (and those we work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. We may remove any Content from our Service at our discretion.

In order to provide the Service and make your Content available, Beauty Agenda App may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Beauty Agenda App to take any such actions.

You are solely responsible for securing and backing up your Content. Beauty Agenda App shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service.

2.13

About Software in our Service

The Software which you use may from time to time automatically download and install updates from Beauty Agenda and the requirements for system (and for any additional systems we decide to extend the availability of the application to) may change, and you’ll need to download the updates. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Beauty Agenda App may automatically deliver such updates to you as part of your use of the Service and you shall receive and install them as required.

Beauty Agenda App gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Beauty Agenda App as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of

the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.

Your personal information

3.1

Beauty Agenda takes your privacy very seriously. We share your personal information only in a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service governed by Beauty Agenda’s Privacy Policy, which forms part of these terms and conditions. In the event that Beauty Agenda undergoes reorganisation or is sold to a third party, you agree that any personal information Beauty Agenda holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Liability

4.1

You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, Beauty Agenda does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.

4.2

The Site includes links to external sites and co-branded pages. Beauty Agenda has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Beauty Agenda does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.

4.3

Subject to the important liability statement, Beauty Agenda is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

4.4

The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

4.5

Beauty Agenda does not seek to exclude or limit liability for:

(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

and all exclusions or limitations of the liability of Beauty Agenda which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.5.

Password

5.1

As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

5.2

In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Beauty Agenda of such failure or error.

5.3

Beauty Agenda reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Beauty Agenda promptly of any changes to your registration details.

Suspension and termination of Service

6.1

Beauty Agenda may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.

6.2

Beauty Agenda may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Beauty Agenda.

6.3

We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether.

You can stop using the Service at any time, although we would be sorry to see you go. Beauty Agenda App may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.

If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Beauty Agenda App may permanently delete the Content that is associated with your Account.

Eligibility to purchase Products

7.1

Beauty Agenda does not sell Products to children under the age of 16 on this Site although it may sell Products suitable for children to adults. If you are under 16, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 16 years of age or older.

7.2

In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Beauty Agenda is not responsible in the event that your payment card provider refuses to authorise payments.

Contract Formation

8.1

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Beauty Agenda to buy a Product via the Site (and Beauty Agenda reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.

Pricing, availability and dispatch information of Products

9.1

Information displayed on the Site as to pricing and availability is subject to change by Beauty Agenda. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

9.2

While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery.

9.3

In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).

9.4

Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

10.

Cancellation rights for dispatched Products

10.1

If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

10.2

You will not have any right to cancel a Contract for the supply of any Products in the following circumstances:

(a) where by reason of their nature (and the manner in which you have taken care of them) the Product(s) cannot be returned (for example, without limitation, any cosmetics which have been unpackaged and treated in any way that renders it no longer marketable to other customers due to health & safety or hygiene reasons); and/or

(b) where the Product(s) have been customised to your chosen specifications.

(c) During Covid-19: In order to protect our employees and our customers from any additional risk of the COVID-19, we will not be accepting returns of any merchandise between the 2nd March 2021 until further notice. Once a product has left the our warehouse, we cannot accept it back and give a refund.

10.3

Your legal right to cancel a contract starts from the date of the Submission of the Order, which is when the contract between us is formed. Your deadline for cancelling the Contract is before you receive the Dispatch Confirmation e-mail.

Your legal right to request a return will start after the Dispatch Confirmation. When returning items you are strongly recommended to carefully pack the items and obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

10.4

If you cancel your contract we will:

(a) refund you the price you paid for the products. However, please note:

(i) we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop; and (ii) when returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.

Please note that it can take up to 10 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt, although it may take up to a further week for the amount to show in your account.

(d) Refunds in relation to Products may only be credited to the credit or debit card or PayPal account originally used to make the purchase. If we are unable to put the refund through on this card or account for any reason, we will try to contact you to discuss alternative arrangements. If you used vouchers to pay for the product we may refund you in vouchers.

10.5

If a product has been delivered to you before you decide to cancel your contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. If you do not return the Products within 14 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site;

(b) subject to clause 11.7 (c) below, unless the product is faulty or not as described you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection (which will not be materially inconsistent with the sums we charged you for delivery);

(c) If you have returned the products to us because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.6

As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

Warranties

11.1

Beauty Agenda warrants that the Services will be supplied with reasonable skill and care.

11.2

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE

RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.

BEAUTY AGENDA APP LTD. MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEAUTY AGENDA APP LTD. DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Limitation of Liability

NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT BEAUTY AGENDA APP

LTD. ’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEAUTY AGENDA APP LTD. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON BEAUTY AGENDA APP LTD. ’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT BEAUTY AGENDA APP LTD. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Statutory rights and refunds

12.1

We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.

12.2

These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

12.3

If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.

12.4

Beauty Agenda may delay enforcing its rights under these terms and conditions without losing them.

12.5

You agree that Beauty Agenda may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

12.6

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

12.7

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then Please email them to our Customer Service Team here or you can address them to Beauty Agenda

13.

Competitions & Promotions

13.1

Promotions

We reserve the right to change or pause promotions at any time.

Beauty Agenda reserves the right to modify the brand exclusions list during any stage of a promotion and we recommend that you revisit our Promotions page regularly to remain informed about the current Terms & Conditions that apply to your use of the Website.

Once you have entered your delivery address and proceeded to checkout, VAT will be deducted from the cost of your order.

Accounts

To use certain areas of the Site you may need to create an account with us (“Account”). The personal information that you supply to us when creating an Account will be dealt with in accordance with clause 3.1.

We may refuse an application for any reason. You may only have one account with us and we reserve the right and shall be entitled to refuse, merge or close additional accounts at any time. We may also suspend accounts where we suspect that you have registered more than one account. We also reserve the right to charge you for any additional benefit that you may have obtained as a result of having multiple accounts for example by benefitting from more than one new customer discount or multiple promotional codes.

You may only use your Account to purchase products for personal use and not for resale or to sell them for business or professional purposes or otherwise on behalf of or in connection with any business.

We may terminate or suspend your Account and refuse any orders you place with us at any time where you are, or we suspect you are in breach of these terms and conditions or have not fulfilled any of your obligations to us or any applicable laws or for any other reason.

We may refuse to accept further orders from you whilst there remains any unresolved dispute between us in respect of previous orders.

It is your responsibility to keep your information up to date and we will not be responsible for any loss that you suffer if you do not keep the details in respect of your Account up to date.

Your Account is not transferrable, and you will be liable to us for all activity and purchases undertaken under your Account.

14.2

General

i. By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.

ii. To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

iii. Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.

iv. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts

Indemnity

You agree to hold harmless and indemnify Beauty Agenda, and its affiliates, employees or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Beauty Agenda App will provide you with written notice of such claim, suit or action.

About these Terms

Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Beauty Agenda App will treat your use of the Service as acceptance of the updated Terms.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean

that we are giving up any rights that we may have (such as taking action in the future).

These Terms control the relationship between you and Beauty Agenda App, they don’t create

any third party beneficiary rights.

Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated.

This is the entire agreement between you and Beauty Agenda App with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.

This Agreement shall be construed in accordance with, and governed in all respects by the laws of England and Wales and subject to the exclusive jurisdiction of the Courts of England and Wales; however Beauty Agenda App may file legal actions as well in the state of the Customer.